do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.10476 – Schwarz Group/Cespa) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 406/07
Date: 2021-10-08
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, waste management








C_2021406EN.01000801.xml










8.10.2021   


EN


Official Journal of the European Union


C 406/8






Prior notification of a concentration
(Case M.10476 – Schwarz Group/Cespa)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 406/07)

1.   
On 30 September 2021, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


PreZero International GmbH, Germany (‘PreZero’, Germany), belonging to the Schwarz Group (Germany),










—


Compañia Española de Servicios Públicos Auxiliares S.A.U. (‘Cespa’, Spain), controlled by Ferrovial International SE, Spain (‘Ferrovial’, Spain).




PreZero acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Cespa.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


PreZero is active in the collection, sorting, processing and recycling of waste. PreZero is part of Schwarz Group which is mainly active in food retailing through its retail chains Lidl and Kaufland,










—


Cespa provides waste management services in Spain as well as waste management and facility management services in Portugal.






3.   
On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.
Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


4.   
The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:
M.10476 – Schwarz Group/Cespa
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
Fax +32 22964301
Postal address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Information communicated by Member States regarding closure of fisheries 2021/C 406 I/04
Date: 2021-10-08
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU waters, Italy, Mediterranean Sea, catch area, catch by species, catch quota, crustacean, fishing rights, sea fishing








CI2021406EN.01000501.xml










8.10.2021   


EN


Official Journal of the European Union


CI 406/5






Information communicated by Member States regarding closure of fisheries
(2021/C 406 I/04)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


15.8.2021




Duration


15.8.2021 - 31.12.2021




Member State


Italy




Fishing effort group code


EFF2/MED2_TR3




Stock group


Giant red shrimp in GSAs 9, 10 and 11




Type(s) of fishing vessels


Vessels with overall length ≥ 18 m and < 24 m




Reference number


16/TQ90






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-148/21 R: Order of the President of the General Court of 8 October 2021 — Paccor Packaging v Commission (Interim relief — Environment — Directive (EU) 2019/904 — Reduction of the impact of certain plastic products on the environment — Implementing Regulation (EU) 2020/2151 — Harmonised marking specifications for beverage cups — Application for suspension of operation of a measure — No urgency)
Date: 2021-10-08
Institutions: General Court
Subjects: abuse of power, beverage, environmental impact, packaging product, plastic waste, plastics, principle of legal certainty, principle of proportionality, waste management








C_2021490EN.01004501.xml










6.12.2021   


EN


Official Journal of the European Union


C 490/45






Order of the President of the General Court of 8 October 2021 — Paccor Packaging v Commission
(Case T-148/21 R)
(Interim relief - Environment - Directive (EU) 2019/904 - Reduction of the impact of certain plastic products on the environment - Implementing Regulation (EU) 2020/2151 - Harmonised marking specifications for beverage cups - Application for suspension of operation of a measure - No urgency)
(2021/C 490/54)
Language of the case: English

Parties


Applicant: Paccor Packaging GmbH (Düsseldorf, Germany) (represented by: P. Kugel and G. Dávid, lawyers)

Defendant: European Commission (represented by: S. Bourgois and L. Haasbeek, acting as Agents)

Re:

Application pursuant to Articles 278 and 279 TFEU for suspension of the operation of Commission Implementing Regulation (EU) 2020/2151 of 17 December 2020 laying down rules on harmonised marking specifications on single-use plastic products listed in Part D of the Annex to Directive (EU) 2019/904 of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment (OJ 2020 L 428, p. 57).

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 7 October 2021 2021/C 406/05
Date: 2021-10-08
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2021406EN.01000501.xml










8.10.2021   


EN


Official Journal of the European Union


C 406/5






Euro exchange rates (1)

7 October 2021
(2021/C 406/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1562 




JPY


Japanese yen


128,78 




DKK


Danish krone


7,4399 




GBP


Pound sterling


0,85023 




SEK


Swedish krona


10,1453 




CHF


Swiss franc


1,0712 




ISK


Iceland króna


148,80 




NOK


Norwegian krone


9,9388 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,415 




HUF


Hungarian forint


358,16 




PLN


Polish zloty


4,5458 




RON


Romanian leu


4,9475 




TRY


Turkish lira


10,2594 




AUD


Australian dollar


1,5839 




CAD


Canadian dollar


1,4545 




HKD


Hong Kong dollar


9,0008 




NZD


New Zealand dollar


1,6676 




SGD


Singapore dollar


1,5697 




KRW


South Korean won


1 375,87 




ZAR


South African rand


17,2074 




CNY


Chinese yuan renminbi


7,4536 




HRK


Croatian kuna


7,5150 




IDR


Indonesian rupiah


16 406,70 




MYR


Malaysian ringgit


4,8370 




PHP


Philippine peso


58,308 




RUB


Russian rouble


83,1780 




THB


Thai baht


39,051 




BRL


Brazilian real


6,3380 




MXN


Mexican peso


23,7032 




INR


Indian rupee


86,4080 






(1)  Source: reference exchange rate published by the ECB.
Case T-654/21: Action brought on 8 October 2021 — Eurecna v Commission
Date: 2021-10-08
Institutions: General Court
Subjects: European Anti-fraud Office, administrative procedure, audit, contract, right to justice, rights of the defence








C_2022002EN.01004002.xml










3.1.2022   


EN


Official Journal of the European Union


C 2/40






Action brought on 8 October 2021 — Eurecna v Commission
(Case T-654/21)
(2022/C 2/56)
Language of the case: Italian

Parties


Applicant: Eurecna SpA (Venice, Italy) (represented by: R. Sciaudone, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul the contested decision;










—


Order the Commission to produce the report of the European Anti-Fraud Office with the relevant annexes; and










—


Order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging infringement of the obligation to state reasons.






—


In that regard, the applicant claims that (i) the documents on which the contested decision is based are incoherent and abnormal, (ii) the reasoning in the letter of 25 June 2019 suspending the contract is incorrect and incoherent, (iii) the obligation to state reasons in the investigation documents of the European Anti-Fraud Office has not been fulfilled and (iv) the obligation to state reasons has not been fulfilled due to the indeterminate and generic nature of the European Anti-Fraud Office’s conclusions, which are lacking in substance.














2.


Second plea in law, alleging infringement of the principle of sound administration and diligence in the administrative action relating to the audit carried out by Ernst & Young.










3.


Third plea in law, alleging infringement of the rights of the defence in respect of the audit carried out by Ernst & Young.










4.


Fourth plea in law, alleging infringement of the principle of sound administration due to a failure to comply with the duty of impartiality in the administrative action.










5.


Fifth plea in law, alleging that the contract was misinterpreted in the Ernst & Young report.
Non-opposition to a notified concentration (Case M.10401 – SAMI/DUSSUR/FGA/SAMI FIGEAC AERO MANUFACTURING JV) (Text with EEA relevance) 2021/C 417/02
Date: 2021-10-08
Institutions: Directorate-General for Competition, European Commission
Subjects: aeronautical industry, aerospace industry, economic concentration, industrial investment, investment company, joint venture, merger control, military equipment








C_2021417EN.01002101.xml










14.10.2021   


EN


Official Journal of the European Union


C 417/21






Non-opposition to a notified concentration
(Case M.10401 – SAMI/DUSSUR/FGA/SAMI FIGEAC AERO MANUFACTURING JV)
(Text with EEA relevance)
(2021/C 417/02)
On 8 October 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10401. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-625/21: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 8 October 2021 — VB v GUPFINGER Einrichtungsstudio GmbH
Date: 2021-10-08
Institutions: Court of Justice
Subjects: claim, consumer protection, damages, termination of a contract, unfair terms of contract








C_2022037EN.01001201.xml










24.1.2022   


EN


Official Journal of the European Union


C 37/12






Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 8 October 2021 — VB v GUPFINGER Einrichtungsstudio GmbH
(Case C-625/21)
(2022/C 37/17)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Appellant on a point of law (original defendant at first instance): VB

Respondent in the appeal on a point of law (original applicant at first instance): GUPFINGER Einrichtungsstudio GmbH

Questions referred







1.


Are Articles 6(1) and 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (‘the Unfair Contract Terms Directive’) (1) to be interpreted as meaning that, in the examination of a trader’s contractual claim for compensation brought against a consumer based on the consumer’s unjustified withdrawal from the contract, the application of supplementary national law is precluded if the trader’s general terms and conditions (‘the GTCs’) contain an unfair term which, in addition to the provisions of supplementary national law, grants the trader an optional right to flat-rate compensation against a consumer who has acted in breach of contract?

If Question 1 is answered in the affirmative:










2.


Is such an application of supplementary national law also precluded in the cases where the trader does not base its claim for compensation against the consumer on that term?

If Questions 1 and 2 are answered in the affirmative:










3.


Is it contrary to the abovementioned provisions of EU law that, in the case of a term containing several provisions (for example, alternative sanctions in the event of unjustified withdrawal from the contract), those parts of the term which, in any event, are consistent with the supplementary national law and are not to be regarded as unfair continue to exist as part of the contract?






(1)  OJ 1993 L 95, p. 29.
Information communicated by Member States regarding closure of fisheries 2021/C 406 I/03
Date: 2021-10-08
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: EU waters, Italy, Mediterranean Sea, catch area, catch by species, catch quota, crustacean, fishing rights, sea fishing








CI2021406EN.01000401.xml










8.10.2021   


EN


Official Journal of the European Union


CI 406/4






Information communicated by Member States regarding closure of fisheries
(2021/C 406 I/03)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


15.8.2021




Duration


15.8.2021 - 31.12.2021




Member State


Italy




Fishing effort group code


EFF2/MED2_TR2




Stock group


Giant red shrimp in GSAs 9, 10 and 11




Type(s) of fishing vessels


Vessels with overall length ≥ 12 m and < 18 m




Reference number


15/TQ90






(1)  OJ L 343, 22.12.2009, p. 1.
Non-opposition to a notified concentration (Case M.10413 – APOLLO MANAGEMENT / RENO DE MEDICI) (Text with EEA relevance) 2021/C 451/02
Date: 2021-10-08
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, merger control, paperboard, recycled product








C_2021451EN.01000201.xml










8.11.2021   


EN


Official Journal of the European Union


C 451/2






Non-opposition to a notified concentration
(Case M.10413 – APOLLO MANAGEMENT / RENO DE MEDICI)
(Text with EEA relevance)
(2021/C 451/02)
On 8 October 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10413. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-663/21: Action brought on 8 October 2021 — Zegers v Commission
Date: 2021-10-08
Institutions: General Court
Subjects: European official, retirement conditions, transfer of pension rights








C_2022024EN.01004402.xml










17.1.2022   


EN


Official Journal of the European Union


C 24/44






Action brought on 8 October 2021 — Zegers v Commission
(Case T-663/21)
(2022/C 24/58)
Language of the case: English

Parties


Applicant: Tanja Zegers (Hoeilaart, Belgium) (represented by: C. Bernard-Glanz, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the defendant’s decision of 3 December 2020, rejecting the applicant’s application for transfer of pension rights and, so far as necessary, the decision rejecting the complaint;










—


order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging error of assessment, breach of Article 11(2) of Annex VIII to the Staff Regulations, and infringement of the principle nemo auditur propriam turpitudinem allegans, insofar as:






—


by claiming that the pension rights the transfer of which she has applied for would have been acquired after her entry into the service of the Union, because her participation with the Algemeen Burgerlijk Pensioen-Fonds (ABP) ended on 31 January 2015, without making any distinction between the periods from 1 July 1992 to 31 December 2010 and from 1 January 2011 to 31 January 2015, the Commission ignored a period of eighteen years and six months of transferable pension rights, therefore erring in the assessment of the facts and breaching Article 11(2) of Annex VIII to the Staff Regulations;










—


by failing to ensure that the ABP, or its supervisory body within the Dutch state, provides the required calculation, the Commission cannot rightfully reject the applicant’s application for transfer of pension rights, as it amounts to taking advantage of its own failure, in breach of the principle nemo auditur propriam turpitudinem allegans.
Statement by the Commission Regulation (EU) 2021/1755 of the European Parliament and of the Council of 6 October 2021 establishing the Brexit Adjustment Reserve (Regulation (EU) 2021/1755 of the European Parliament and of the Council of 6 October 2021 establishing the Brexit Adjustment Reserve (OJ L 357, 8.10.2021, p. 1).) — Adoption of the legislative act Further measures to protect the EU budget and Next Generation EU resources (NGEU) against fraud and irregularities by requiring an obligatory use of a single data-mining tool provided by the Commission 2021/C 406 I/01
Date: 2021-10-08
Institutions: Directorate-General for Regional and Urban Policy, European Commission
Subjects: United Kingdom, allocation of resources, budgetary discipline (EU), financial aid, general budget (EU), implementation of the budget, interinstitutional agreement, interinstitutional cooperation (EU), public expenditure, withdrawal from the EU








CI2021406EN.01000101.xml










8.10.2021   


EN


Official Journal of the European Union


CI 406/1






Statement by the Commission
Regulation (EU) 2021/1755 of the European Parliament and of the Council of 6 October 2021 establishing the Brexit Adjustment Reserve (1) — Adoption of the legislative act
Further measures to protect the EU budget and Next Generation EU resources (NGEU) against fraud and irregularities by requiring an obligatory use of a single data-mining tool provided by the Commission
(2021/C 406 I/01)
In the Inter-institutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap for the introduction of new own resources, points 30 to 33 require the Commission to make available an integrated and interoperable information and monitoring system including a single data-mining and risk-scoring tool to access and analyse the required data with a view to a generalised application by Member States. In addition, the three institutions agreed to sincerely cooperate, in the course of the legislative procedure relating to the relevant basic acts, to ensure the follow up to the European Council conclusions of July 2020 regarding this element.
The Commission considers that the agreement reached by the co-legislators under Article 13(1)(f) (responsibilities of Member States) on the use of a single data-mining tool and the collection and analysis of data on the beneficial owners of the recipients of funding is not sufficient to enhance the protection of the Union budget against fraud and irregularities and to ensure efficient checks on conflicts of interests, irregularities, issues of double funding, and criminal misuse of the funds. Therefore, the approach agreed by the co-legislators in the Brexit Adjustment Reserve Regulation does not appropriately reflect the desired ambition and spirit of the Inter-institutional Agreement.


(1)  Regulation (EU) 2021/1755 of the European Parliament and of the Council of 6 October 2021 establishing the Brexit Adjustment Reserve (OJ L 357, 8.10.2021, p. 1).
Corrigendum to the call for expressions of interest — Financial Auditors — Junior Professionals Programme — Temporary staff (grade AD 6) (OJ C 400 A, 4.10.2021)
Date: 2021-10-08
Institutions: European Court of Auditors
Subjects: administrator, audit, competition (EU), financial audit, recruitment, servant (EU), temporary employment








CA2021406EN.01000101.xml










8.10.2021   


EN


Official Journal of the European Union


CA 406/1






Corrigendum to the call for expressions of interest — Financial Auditors — Junior Professionals Programme
Temporary staff (grade AD 6)
(
Official Journal of the European Union C 400 A of 4 October 2021
)
(2021/C 406 A/01)
On page 3, under ‘Procedure’, fourth paragraph:







for:




‘Based on their service needs, the audit directorates will select invite candidates from the list to be invited for interview. Candidates may also be required to take further specific tests to assess their skills and abilities. The nature, content and time frame of these tests will be communicated to all the candidates in due time.’,












read:




‘Based on their service needs, the audit directorates will select candidates from the list to be invited for interview. Candidates may also be required to take further specific tests to assess their skills and abilities. The nature, content and time frame of these tests will be communicated to all the candidates in due time.’.